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A Seemingly Important Win for Wisconsin Worker’s Compensation Insurance Carriers and Employers

Posted on July 11, 2017 by

On its face the decision of the Wisconsin Supreme Court in Flug v. LIRC, 2017 WI 72 (decided on June 30, 2017), is a clear, important win for the employer side in common injuries that involve pre-existing degenerative conditions.  The general circumstances presented in Flug are familiar.  In that case, a forty-three year old retail […]

Wisconsin Supreme Court Rules on Appleton School District Open Meetings Law

Posted on June 29, 2017 by

In a unanimous and much-anticipated decision released today, the Wisconsin Supreme Court ruled that a committee of school personnel formed to review materials for a high school course under a procedure set forth in school board rules is a “governmental body” subject to the Wisconsin Open Meetings Law. The case (Krueger v. Appleton Area School […]

Joint Employer Status Rebuffed?

Posted on June 14, 2017 by

Recent action by the Trump Administration has raised a new question regarding joint employer status and whether particular employees hired (individually or through a company) to provide work for another company should be considered an employee of the hiring company.  The past Department of Labor issued various memos that indicated a crackdown on independent contractor […]

Forfeitures for Ordinance Violations – When Are They Excessive?

Posted on June 2, 2017 by

An age-old problem faced by municipal officials is what to do about residents and landowners who fail to take care of their properties and allow junk, debris, and other unsightly items to accumulate.  This often leads to citizen complaints and even health and safety issues. When municipalities take enforcement action against such properties, they usually […]

Protected Employee Must Notify Employer of Need for Time Off

Posted on May 31, 2017 by

A recent decision in the Northern District of California highlighted the importance of employers applying a consistent rule that employees must notify the employer if they are unable to report to work, even if the employee suffers from a disabling condition.  In a recent decision, the Federal Court Judge held that a Company properly terminated […]

Unemployment Benefits Cannot Be Denied Based on Eight Cash Transaction Inadvertent Errors Out of 80,000 Transactions in a 21-Month Period

Posted on May 22, 2017 by

The Wisconsin Supreme Court has interpreted the meaning of “substantial fault” in an unemployment insurance case, which will be applicable in worker’s compensation cases, as well.  The case is Operton v. Labor and Industry Review Commission, 2017 WL 1743039.  In doing so the Supreme Court affirmed the ruling of the Wisconsin Court of Appeals, which […]

OSHA Extends Deadline for Electronically Submitting Worker Injury and Illness Records

Posted on May 18, 2017 by

The Occupational Safety and Health Administration (OSHA) announced on May 17, 2017 that the deadline for employers with 250 and more employees to electronically submit information from their 2016 Form 300A to OSHA is being extended.  Under the electronic reporting rule that went into effect on January 1, 2017, the original deadline was to be […]

One Racial Slur Constitutes Harassment?

Posted on May 4, 2017 by

A recent decision from the Second Circuit Court of Appeals in New York has again opened the door to questions about hostile work environment and racial harassment.  The particular question addressed in this court decision was whether one racial epitaph (use of the “n-word”) would support a claim for racial harassment and the creation of […]

Seventh Circuit Court of Appeals Speaks Out on Employment Issues

Posted on May 3, 2017 by

Several recent decisions by the Seventh Circuit Court of Appeals have set the tone for court decisions in the employment law field.  The Seventh Circuit Court of Appeals covers a number of states in the Midwest, including Wisconsin, so the rulings are important for Wisconsin employers up to a point.  The first decision involves sexual […]

Wisconsin Unemployment Insurance Benefits Upon Discharge for Absenteeism – the Employer’s Policy May Be More Generous, But Not More Restrictive, Than the Statutory Default

Posted on March 21, 2017 by

The Wisconsin Court of Appeals issued a decision in an unemployment insurance benefits case on March 8 that provides clarity where an employee is discharged for absenteeism.  The case is Wisconsin Department of Workforce Development v. Wisconsin Labor and Industry Review Commission, et al (2017 WL 946724).  In doing so the court of appeals described […]